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2026 DAILYLAW 8111 (KAR)

SRI H MOHAMMED ARAFATH v. THE STATE OF KARNATAKA

WP/30655/2024 · 2026-02-11

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8406 WP No. 30655 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 30655 OF 2024 (GM-RES) BETWEEN: 1. SRI H MOHAMMED ARAFATH S/O K MOHAMMED HABIBUR RAHMAN, AGED ABOUT 26 YEARS. 2. SRI. K MOHAMMED HABIBUL REHAMAN H S/O ABDUL KAREEM, AGED ABOUT 59 YEARS. 3. SMT. ASMA JABEEN, W/O K MOHAMMED HABIBUR RAHMAN, AGED ABOUT 50 YEARS. PETITIONERS NO.1 TO 3 ARE ALL R/O NO.844, 2ND STAGE, 18TH BLOCK, NR AUSTIN TOWN, BENGALURU- 560 047. 4. SMT. H NOORIE AMEENA, W/O RIZWAN KHAN, D/O K MOHAMMED HABIBUR RAHMAN, AGED ABOUT 30 YEARS, R/O NO. 280, 2ND MAIN, 15TH CROSS, VINAYAKANAGAR, ANNASANDRAPALYA, VIMANAPURA, BENGALURU- 560 017. …PETITIONERS (BY SRI. P MAHESHA., ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8406 WP No. 30655 of 2024 AND: 1. THE STATE OF KARNATAKA KARNATAKA BY RT NAGAR POLICE STATION, BANGALORE. (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01) 2. SMT. NOOR JAHAN, W/O H MOHAMMED ARAFATH, AGED ABOUT 23 YEARS, R/O NO. 18/4, 4TH MAIN, NEAR MEENA MAZIDI, MATHADHA HALLI, RT NAGAR, BENGALURU- 560 032. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA.,HCGP FOR R1; SRI. GANAPATHI BHAT.,ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN CC NO.28087/2023 (ARISING OUT OF CRIME NO.224/2023 OF RT NAGAR POLICE STATION, BANGALORE) PENDING ON THE FILE OF THE HONORABLE XXXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 34 OF IPC AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961 VIDE ANNEXURE-D, IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8406 WP No. 30655 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.28087/2023 pending before the XXXII A.C.M.M., Bengaluru, for the offences punishable under Section 498A read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. During the subsistence of the present petition, the parties to the lis have settled the dispute by drawing up certain terms of settlement. It transpires that the said terms of settlement was placed before the concerned Court in O.S.No.523/2025 pending between the parties and the concerned Court accepting the settlement, has drawn a decree of such settlement also. The parties have also filed an application seeking compounding of the offence, which reads as follows: "APPLICATION UNDER SECTION 482 READ WITH SECTION 320 OF THE CRIMINAL PROCEDURE CODE, 1973 FILED BY THE PETITIONERS AND RESPONDENT NO.2 The Petitioners and Respondent No.2 respectfully submit as follows: 1. Petitioners herein are arrayed as Accused No. 1 to 4 in CC No. 28087/2023 (Arising out of Crime No. 224/2023 of - 4 - HC-KAR NC: 2026:KHC:8406 WP No. 30655 of 2024 RT Nagar Police Station, Bangalore) pending on the file of The Hon'ble XXXII Additional Chief Metropolitan Magistrate Court, Bangalore for the offences punishable under Sections 498A and 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961, based on a complaint filed by Respondent No. 2. 2. Petitioner No. 1 and Respondent No. 2 got married on 13-01-2022 and their marriage was solemnized at RK Palace, Kanakanagara. Petitioners No. 2 to 3 are the family members of Petitioner No. 1 and they are father, mother and sister of Petitioner No. 1 respectively. 3. Respondent No.2 filed a complaint Dated 11-07-2023 before Respondent No.1 police station alleging that the Petitioners herein demanded and received a sum of Rs. 1 Lakh by cash, an Access Bike and 200 grams of Gold ornaments as dowry. After the marriage, the Petitioners herein started demanding additional dowry of Rs. 2 Lakhs and harassed the complainant/Respondent No 2 herein both physically and mentally. It was further alleged that On 01-07-2023, when the complainant/Respondent No 2 was at her parents house, Petitioner No 1 herein abused the complainant by using filthy language and assaulted her and demanded her to bring dowry from her parents house. Respondent No 1 police after receiving the complaint registered a FIR and after completing investigation filed chargesheet against the Petitioner herein for the offences punishable sections 498A and 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. 4. It is submitted that the Petitioners herein along with the complainant - Respondent No. 2, due to the intervention of elders and well wishes and owing to the fact that the dispute was entirely a marital dispute, have now amicably settled their disputes and by virtue of the said settlement Respondent No. 2 do not wish to continue the criminal prosecution against the Petitioner herein. 5. It is further submitted that Petitioner No. 1 and Respondent No. 2 herein have mutually agreed to sever their matrimonial relationship and part ways with each other amicably and as such they have entered upon a Mubarat Nama on 16-10-2025. As per the terms of the Mubarat Nama, Respondent No. 2 and Petitioner No. 1 herein have severed their matrimonial relationship - 5 - HC-KAR NC: 2026:KHC:8406 WP No. 30655 of 2024 completely and Respondent No. 2 has agreed to withdraw all the criminal complaints against all the Petitioners and have also consented to facilitate the quashing of the CC No. 28087/2023 (Arising out of Crime No. 224/2023 of RT Nagar Police Station, Bangalore) pending on the file of The Hon'ble XXXII Additional Chief Metropolitan Magistrate Court, Bangalore. 6. It is further submitted that Petitioner No. 1 and Respondent No. 2 together approached the family court seeking for the declaration that the marriage between them has been dissolved as per the terms of the Mubarat Nama in OS No. 523/2025. The Learned II Additional Principal judge, Family Court vide Judgement and Decree Dated 12-01-2026 in OS No. 523/2025 has dissolved the marriage between Petitioner No. 1 and Respondent No. 2 herein as per the terms of the Mubarat Nama Dated 16- 10-2025. Copy of the Decree Dated 12-01-2026 passed by the Learned II Additional Principal judge, Family Court in OS No. 523/2025 is herewith produced and marked as Document No. 1. 7. It is further submitted that all the Petitioners herein, on the date of entering into this Compromise Petition are together paying a sum of Rs. 3,00,000/- through a Demand Draft Dated 09-02-2026 drawn on Bank of Baroda, Victoria, Bengaluru Urban in favour of Respondent No. 2 as a full and final settlement of the permanent alimony. Copy of the Demand Draft is herewith produced and marked as Document No.2. 8. Respondent No. 2 on receipt of the said amount has agreed to unconditionally withdraw all the Complaints and all other cases filed against all the Petitioners and have agreed to part ways with each other and this settlement entered upon is the full and final settlement of all the disputes between the Petitioners and Respondent No. 2 and by virtue of the same, the Respondent No. 2 and Petitioners herein are willing to compound the offences alleged and close all the disputes amicably and hence the present application seeking for compounding of the offence. 9. All the disputes between the parties have been amicably settled. The compromise entered upon amongst the parties is voluntarily and without any undue influence and the Petitioners and Respondent No.2 are entering into - 6 - HC-KAR NC: 2026:KHC:8406 WP No. 30655 of 2024 this compromise on their own free will and as such they do not wish to continue any further criminal prosecution. Hence, the present application. WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to allow the Compromise Petition and quash the entire proceedings in CC No. 28087/2023 (Arising out of Crime No. 224/2023 of RT Nagar Police Station, Bangalore) pending on the file of The Hon'ble XXXII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under sections 498A and 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961, in respect of all the Petitioners herein in the interest of Justice and equity." 3. In that light, I deem it appropriate to accept the application seeking compounding of the offences and obliterate the crime against the present petitioners. 4. For the aforesaid reasons, the following: ORDER i) The petition is disposed. ii) Proceedings in C.C.No.28087/2023, pending before the XXXII A.C.M.M., Bengaluru, stand quashed qua the present petitioners. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 4 Sl No.: 2